Understanding wage garnishment, particularly in the context of bankruptcy, is crucial for individuals facing financial difficulties. Kendall bankruptcy attorney, James Schwittalla, can provide valuable insights and assistance in navigating this complex issue.

Here’s a comprehensive overview of wage garnishment and how a bankruptcy attorney can help:

What is Wage Garnishment?

Wage garnishment is a legal process in which a portion of an individual’s earnings is withheld by their employer to pay off a debt. This can occur due to various reasons, such as unpaid taxes, child support, student loans, or creditor judgments.

Key Aspects of Wage Garnishment

1. Types of Debts:
   • Child Support and Alimony: These debts often take priority and can result in higher garnishment amounts.
   • Federal Student Loans: The government can garnish wages for unpaid student loans without a court order.
   • Taxes: The IRS can garnish wages for unpaid taxes.
   • Credit Card and Other Consumer Debts: Creditors must usually obtain a court judgment to garnish wages for these debts.
2. Garnishment Limits:
   • Federal law limits the amount that can be garnished to the lesser of 25% of disposable earnings or the amount by which weekly wages exceed 30 times the federal minimum wage.
   • Some states, including Florida, have stricter limits or additional protections for debtors.
3. Procedure:
   • Creditors typically need to win a lawsuit and obtain a judgment against the debtor.
   • The court then issues a garnishment order to the employer, instructing them to withhold a portion of the debtor’s wages.

Role of Kendall Bankruptcy Attorney, James Schwittalla

A bankruptcy attorney can assist in several ways:

1. Explaining Your Rights and Options:
   • An attorney can explain your legal rights regarding wage garnishment, including exemptions and limits under both federal and state laws.
2. Filing for Bankruptcy:
   • Automatic Stay: When you file for bankruptcy, an automatic stay goes into effect, halting most garnishments immediately.
   • Chapter 7 Bankruptcy: Can discharge many unsecured debts, potentially ending wage garnishments permanently.
   • Chapter 13 Bankruptcy: Involves a repayment plan, which can stop wage garnishment and allow for more manageable payment terms.
3. Challenging the Garnishment:
   • An attorney can help challenge the garnishment if it is causing undue hardship or if the creditor did not follow proper legal procedures.
4. Negotiating with Creditors:
   • Sometimes, creditors may be willing to negotiate a settlement or alternative payment arrangement to avoid the garnishment process.
5. Utilizing Exemptions:
   • Florida law provides certain exemptions that can protect your wages from garnishment. For example, head of household wage earners have special protections.
   • An attorney can help you understand and claim these exemptions effectively.

Specific Considerations in Florida

• Head of Household Exemption: In Florida, if you provide more than half of the support for a child or other dependent, your wages may be exempt from garnishment.
• Claim of Exemption: You may file a claim of exemption to stop or reduce the garnishment if you qualify under state law.

Kendall bankruptcy attorney, James Schwittalla, can be a crucial ally in managing wage garnishment. They can provide guidance on your legal rights, assist in filing for bankruptcy, challenge improper garnishments, negotiate with creditors, and help you take advantage of exemptions under Florida law. By consulting with an experienced attorney, you can better understand your options and take steps to protect your financial well-being.